[1] The council was created in 1971 by the Parliament of Canada[2] following years of discussion about the need to coordinate professional development and judicial conduct matters for judges, in a way that would respect the judiciary as an independent branch of government.

There being no defined process to formally inquire into the conduct of a judge, the government then constituted a one-man Royal Commission headed by former Supreme Court Justice Ivan Rand.

Professor William Kaplan, in his book Bad Judgment, wrote that "[w]ithout a doubt, the Landreville case figured prominently in the decision to establish the council."

"[4] The CJC's activities have been characterized as seeking to investigate complaints about judicial misbehaviour and on the other hand protecting the reputation of judges against unfounded accusations.

While the majority of complaints are dealt with quickly and without a public hearing, there are some instances where a judge's conduct is considered to be of sufficient concern that further inquiry is warranted.

[20] Osgoode Hall Law School professor Trevor Farrow said that the rarity of removals reflects the high value that is placed on independence for judges in Canada.

[5] Osgoode Hall Law School professor Allan Hutchison argued that the CJC should include members of the public, and criticized the hypocrisy of judges calling for natural justice in other professions.

[5] University of Calgary Faculty of Law professor and Canadian Association for Legal Ethics president Alice Wooley said including laypersons in the CJC would ensure that the process is less insular and more transparent.